Canadian who bought VW in U.S. faces settlement registration headache

A Nova Scotia man is relieved his Volkswagen purchased in the United States will now be covered by a class-action lawsuit, but remains frustrated he cannot register on the company's settlement website.

"It seems a little bit ridiculous that a company with the ingenuity to defeat regulatory authorities like the [U.S. Environmental Protection Agency] can't set up a website to allow people just to register," Alex MacLellan told CBC News.

He is one of an unknown number of Canadians who bought 2.0 litre TDI Volkswagens in the United States and were caught up in the diesel emissions scandal. Until last week they were left out of the class action.

Such owners had previously fallen "between the cracks," according to Charles Wright, one of the lead attorneys representing car owners in the Canadian class-action case. 

Volkswagen was refusing to include them in the settlement, he said, but changed course following litigation and has now agreed they can participate in the U.S. settlement.

MacLellan, who owns a 2010 Jetta diesel wagon, is pleased to hear that and said it is the right thing for Volkswagen to do.

"I haven't heard anyone come up with a reason why the cross-border vehicles wouldn't be included," said MacLellan, who lives in Ketch Harbour, N.S.

Last week, courts in Ontario and Quebec approved a nationwide class-action settlement involving Volkswagen Group Canada Inc. Last fall, an American judge also approved a $15-billion settlement for U.S. owners. The cases involve certain models and years that were outfitted with software designed to fool emissions tests.

On Friday, Wright said Canadians with affected vehicles purchased in the U.S. should go back to the American settlement site and "should be able to get their claim processed." Volkswagen Group Canada posted a similar message on its website.

Unable to register

MacLellan unsuccessfully tried to do that this past weekend. He was able to enter his Canadian address, but was then asked what dealership he was taking his car to. The site wouldn't allow a Canadian dealership, so he entered one in Maine.

"At that point the system just bogged down and said there was an error and wouldn't let me proceed," he said.

He called the listed number and was told the problem couldn't be solved on the phone and tech support was needed. He said he's still not been able to register for the settlement and wants to know why cars like his must be returned to an American dealer, which will mean added costs for the vehicle owner.

While this class action has moved more quickly than many, MacLellan said the value of his Jetta has depreciated since the scandal broke in September 2015. He noted the settlement website asked him to register how many miles are currently on the car.

CBC News has contacted Volkswagen Canada and Wright to inform them Canadians are still not able to register on the American site. Wright said it may take a week for the links to be put in place.

A Volkswagen spokesperson said the company was working to ensure the American site will accept claims from Canadians who bought their vehicles in the U.S.